Appeals court rejects Jeffs' appeal

FLDS leader failed to file by deadline

SAN ANGELO, Texas - Polygamist sect leader and "prophet" Warren Jeffs did not send in the necessary documents and fees for the appeal of his child sexual assault conviction, but he did send in revelations from Jesus Christ, appellate court staff said.

The Texas Third Court of Appeals in Austin released an opinion Thursday dismissing the appeal lodged by Jeffs, the "prophet" of the Fundamentalist Church of Jesus Christ of Latter Day Saints.

The opinion states that Jeffs did not send in the appropriate materials or payments for the appeals process.

"We dismiss the appeal for want of prosecution," the opinion states, noting that Jeffs failed to meet two deadlines.

Jeffs was convicted in San Angelo in 2011 of sexually assaulting a 12-year-old girl and fathering a child after sexually assaulting a 15-year-old girl. He is serving a sentence of life plus 20 years in the state prison at Palestine, isolated from other inmates in protective custody.

He still faces a bigamy charge, and a pretrial hearing for that case is set for May 21.

Jeffs continues to control the sect through his brothers and those still loyal to him in the sect, which has about 10,000 members in North America. Jeffs placed ads in newspapers throughout North America and exercised his authority by expelling members from the sect and imposing strict controls on those who remain.

A notice of appeal for the sexual assault charges was filed in September 2011.

"The clerk's record and reporter's record were due for filing in this Court by December 7, 2011," the court opinion states. "Neither was filed. By letter, the district clerk's office advised the Clerk of this Court that appellant has neither filed a written designation specifying the matters to be included in the clerk's record nor made arrangements for payment of the record with the clerk's office."

The appellate court tried to warn Jeffs that the records were due.

Jeffs has not had legal representation since the end of his trial last year, after he rid himself of several high-powered attorneys.

"We informed Jeffs that his appeal may be dismissed for want of prosecution if he did not make arrangements for payment of the record and submit a status report regarding this appeal on or before January 23, 2012. To date, Jeffs has not responded to this Court's notice, and the clerk's record has not been filed."

Jeffery Kyle, the clerk of the court, said Jeffs has 15 days to submit a motion for rehearing on the matter, or he can appeal the dismissal to the Court of Criminal Appeals, the highest criminal court in Texas.

The purported revelation from Jesus Christ, similar to other apocalyptic writings sent by Jeffs and his lieutenants across the country, came during December, Kyle said.